HomeMy WebLinkAbout06 - Approval of Revised Joint Exercise of Powers Agreement for the Orange County Regional Airport AuthorityMarch 8, 1999
Agenda Item No
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
DATE: March 8, 1999
TO: Mayor O'Neil and Members of the City Council
FROM: Peggy Ducey, Deputy City Manager
SUBJECT: Approval of revised Joint Exercise of Powers Agreement for the
Orange Countv Regional Airport Authority
The governing Board of the Orange County Regional Airport Authority (OCRAA)
recently approved a revised Joint Exercise of Powers Agreement. The previous
agreement, adopted in the early 1990s, established procedures that would
have permitted OCRAA to become the Local Redevelopment Authority (LRA) for
the reuse planning of El Toro MCAS. The passage of Measure A designated
the Orange County Board of Supervisors as the LRA and implemented a
planning process that is not applicable to the current Joint Powers Agreement.
A number of new cities are considering membership in OCRAA, and it is
important that the Agreement reflect the current goals, objectives, and
authorities OCRAA actually has.
The final Agreement eliminates the provisions for OCRAA to act as the LRA. It
also eliminates any funding requirements for member agencies, but does
provide for voluntary member contributions of funds, staff, services, and
equipment.
RECOMMENDATION
Approve the resolution directing the Mayor to execute the revised Joint Exercise
of Powers Agreement for the Orange County Regional Airport Authority.
RESOLUTION No. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING THE AMENDED AND
RESTATED JOINT POWERS AGREEMENT FOR THE ORANGE
COUNTY REGIONAL AIRPORT AUTHORITY
WHEREAS, military operations at El Toro MCAS (El Toro) are scheduled to
cease sometime this year; and
WHEREAS, Measure A modified the County General Plan to provide for a
commercial aviation reuse of El Toro and established a comprehensive planning
process that includes participation by all segments of Orange County; and
WHEREAS, the County of Orange, acting as the Local Reuse Authority (LRA), is
now in the process of preparing the El Toro Airport Systems Master Plan and
related environmental documentation; and
WHEREAS, the decision on the reuse of El Toro will affect, and should benefit,
all of Orange County; and
WHEREAS, the Orange County Regional Airport Authority ( OCRAA) is a multi -
city organization vitally interested in participating in the reuse planning process to
ensure that the ultimate reuse decision is beneficial to all of Orange County and
addresses our future air transportation needs.
WHEREAS, OCRAA also intends to participate in the reuse planning process to
ensure the ultimate decision does not impact member cities or residents of other
jurisdictions.
NOW, THEREFORE BE IT RESOLVED that the City Council of Newport Beach
approves the Amended and Restated Joint Exercise of Powers Agreement and
authorizes the Mayor of the City of Newport Beach to execute the Agreement.
CITY OF NEWPORT BEACH
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ATTEST:
By:
LaVonne M. Harkless
City Clerk
Dennis D. O'Neil
Mayor of Newport Beach
AMENDED AND RESTATED
ORANGE COUNTY REGIONAL
AIRPORT AUTHORITY
JOINT EXERCISE OF POWERS
AGREEMENT
This Amended and Restated Joint Exercise of Powers Agreement (Agreement)
between the Members of the Orange County Regional Airport Authority (Authority) is
made and entered into on of , 1999.
RECITALS
WHEREAS, the Department of Defense has determined to close El Toro
effective on or about July 1, 1999.
WHEREAS, El Toro consists of 4,700 acres, has been improved with two (2)
10,000 foot runways and two 8,000 foot runways, and is surrounded by an 18,000
acre "no home zone' which protects existing and proposed residential properties from
aircraft noise.
WHEREAS, the County of Orange (County) has been designated the Local
Reuse Authority (LRA) by the Office of Economic Adjustment (OEA), and the LRA has
adopted a CRP for El Toro which calls for conversion of the base to a commercial
airport.
WHEREAS, the air passenger and air cargo needs of the County can be
satisfied by implementation of the CRP which includes the operation of El Toro and
JWA as a dual airport system.
WHEREAS, the County's economy is based on trade, tourism and technology
and these industries cannot prosper without modern air passenger and air cargo
service convenient to Orange County residents and business owners.
WHEREAS, Orange County residents have twice voted in favor of a commercial
aviation reuse of El Toro in recognition of the growing importance of air transportation
to the Orange County economy and their desire for a civilian reuse which will benefit
all residents at no taxpayer expense.
WHEREAS, the current and future air passenger and air cargo needs of Orange
County far exceeds the present or potential capacity of JWA and no feasible alternative
airport site has been identified by any of the numerous studies conducted to date.
WHEREAS, the failure to implement the El Toro CRP may force Orange County
to consider seriously the expansion of JWA or the conversion of the Los Alamitos /Seal
Beach facility to a commercial airport.
WHEREAS, any significant expansion of JWA or closure and commercial reuse
of the Los Alamitos /Seal Beach facility would have a far greater adverse impact on
residents than would a commercial aviation reuse of El Toro because in each case
homes are located within one -half mile of the runways.
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WHEREAS, a commercial aviation reuse of El Toro will reduce, by more than
sixty percent (60 %), the area which is impacted by aircraft noise.
WHEREAS, the Authority supports a two- airport system with JWA and El Toro
working together to serve the County's air transportation needs with each airport
operated in a manner that preserves the quality of life in nearby communities.
WHEREAS, the Parties hereto have heretofore entered into that certain Orange
County Regional Airport Authority Joint Exercise of Powers Agreement (the "Original
Agreement "); and
WHEREAS, the Parties hereto desire to entirely amend, restate and supersede
the Original Agreement by this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the Parties hereto entirely amend, restate and supersede the
original Agreement as follows:
I.
DEFINITIONS AND INTERPRETATION
1.1 Definitions
For the purposes of this Agreement, the following words shall mean as follows:
A "Agreement" shall mean this Joint Exercise of Powers Agreement.
B. "Authority" shall mean the Orange County Regional Airport Authority.
C. "Board" shall mean the governing body of the Authority.
D. "Board Member" shall mean any person serving as the representative
of a Member or Ex- Officio Member on the Board.
E. "CAC" shall mean Citizens Advisory Council.
F. "CRP" shall mean the Community Reuse Plan for the reuse of El Toro
subsequent to its closure as a military installation, as approved by the
LRA.
G. "El Toro" shall mean the EI Toro Marine Corps Air Station.
H. "ETRPA" shall mean El Toro Reuse Planning Authority.
I. "Ex- Officio Member" shall mean a person or entity invited to participate
by the Board pursuant to Section 5.2 of this Agreement.
J. "Fiscal Year" means July 1st up to and including the following June
30th.
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K. "JWA" shall mean the John Wayne Airport facility.
L. "Los Alamitos /Seal Beach facility" shall mean the Los Alamitos Naval
Air Station and the Seal Beach Army Reserve Center.
M. "LRA" shall mean the Local Redevelopment Authority.
N. "Master Plan" shall mean an airport master plan for EI Toro adopted by
the LRA.
0. "Member" shall mean those cities which have adopted resolutions or
otherwise taken action joining the Authority and which have not
withdrawn from the Authority.
CREATION OF THE AUTHORITY
2.1 Separate Entity
The Authority is a public entity separate from its Members formed pursuant to
the provisions of this Agreement, and Chapter 5, of Division 7 of Title 1 of the
Government Code, beginning with Section 6500.
2.2 Filing Amendments
Within thirty (30) days after the effective date of any amendment to this
Agreement, the Authority shall cause the amendment to be prepared and filed
with the office of the California Secretary of State in conformance with
Government Code Section 6503.5.
2.3 Roster
Within ten (10) days after the effective date of this Agreement or any
amendment, the Authority shall file any statement of information or document
required to be filed pursuant to the provisions of Government Code Section
53051 or other statute.
GOALS AND OBJECTIVES
3.1 Goals and Objectives
The primary objective and goal of the Authority is to actively participate in the El
Toro reuse planning process to represent and protect the interests of the
Members and their constituents. The Authority supports a commercial aviation
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reuse of El Toro provided JWA continues to function as a commercial airport
and both facilities are operated in a manner sensitive to the interests of nearby
residents. The Authority will also evaluate, and take appropriate action with
respect to, any proposal to significantly expand JWA given the potential noise
impact on residents of Members. Finally, the Authority will take appropriate
action to ensure the continued military use of the Los Alamitos /Seal Beach
facility and will actively participate in any study or investigation of the closure or
commercial reuse of those facilities. To achieve these objectives the Authority
shall:
A Disseminate accurate information about the proposed commercial
aviation reuse of El Toro including the need for and benefits of a second
commercial airport, the consequences of a decision not to approve a
commercial aviation reuse, the manner in which the airport is proposed
to operate and the impacts of a commercial aviation reuse.
B. Adopt a statement of position on the El Toro reuse planning process and
the proposed Master Plan that is consistent with the Authority's support
of a two airport system and intent that the Master Plan fully protects the
quality of life for those who live near El Toro.
C. Participate in the El Toro reuse planning process and make
recommendations to the CAC and the LRA relative to the proposed
Master Plan, the proposed dual airport system, the non - aviation uses
proposed in the CRP, the ETRPA non - aviation plan proposal and the
appropriate interim civilian uses of El Toro.
D. Receive and evaluate information regarding any proposed alternative to
a commercial aviation reuse of El Toro and make recommendations to
appropriate officials relative to the feasibility of the proposal.
E. Take appropriate action to ensure continued military use of Los
Alamitos /Seal Beach facility and actively participate in and comment on
any study which involves, directly or indirectly, any proposed closure of,
or commercial air transportation activity at, Los Alamitos /Seal Beach.
F. Take appropriate action to ensure continued commercial air passenger
operations at JWA and actively participate in, and comment on, any
proposal to significantly increase operations or expand facilities.
G. Meet with local, state and federal officials to discuss the following
a) The El Toro CRP, the Master Plan, any non aviation uses
proposed by the LRA and any non - aviation proposal submitted
by ETRPA or other agency.
b) The continued military use of Los Alamitos /Seal Beach facility,
any proposal to close or change the use of those facilities and
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any proposal or study involving commercial air operations at Los
Alamitos /Seal Beach facility.
C) Any proposal or study involving a significant expansion of JWA,
any significant change in the number or time of aircraft
operations, or any change in the substance or status of the JWA
Settlement Agreement.
3.2 Participation
The Authority may participate in any coalition or organization which is
formed to advance one or more of the goals and objectives of the
Authority.
3.3 Experts
The Authority may retain experts in various disciplines to inform and
advise Members of information or issues relevant to the tasks outlined in
this Article III or to otherwise assist the Members in achieving the goals
and objectives of the Authority.
IV.
POWERS
4.1 General Powers
The Authority shall have the power in its own name to exercise any and all
common powers of its Members reasonably related to the purposes of the
Authority, including but not limited to the powers to:
A Monitor the El Toro reuse planning process and provide input to the
LRA, CAC in the development of the Master Plan, the interim civilian
use of El Toro and other relevant issues;
B. Seek funding from any available source, including appropriate grants
or loans under any available federal, state, local and private programs
for assistance in achieving the goals and objectives of the Authority;
C. Contract for the services of experts in various disciplines such as
airport planners, acoustic engineers, economists, traffic engineers,
real estate consultants, appraisers, environmental consultants, and
public relations experts.
D. Make and enter into any other contracts;
E. Receive gifts, contributions and donations of property, funds, services
and other forms of financial or other assistance from any persons,
firms, corporations and governmental entities;
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F. Sue and be sued in its own name;
G. Appear before any federal, state or local legislative or administrative
body to testify or present evidence relevant to the El Toro reuse
planning process, interim civilian use of El Toro, the status of Los
Alamitos /Seal Beach, or any proposed expansion of JWA;
H. Adopt rules, regulations, policies, by -laws and procedures governing
the operation of the Authority;
I. Take appropriate action to achieve the goals and objectives specified
in Article III;
J. Exercise all other powers not specifically mentioned but common to
Members, and authorized by Government Code Section 6508.
4.2 Manner of Exercise
For purposes of Government Code Section 6509, the manner of exercising the
power of this Authority shall be restricted to the manner of exercising the
powers of its designated Member, the City of Anaheim.
4.3 Manner of Action
Unless otherwise provided in this Agreement, any action of a Member required
or authorized in this Agreement shall be by Resolution or Minute Order of the
governing body of such Member.
4.4 Specific Duties
Each Member shall, with the assistance of the Executive Director, endeavor to
do the following:
A Disseminate accurate information to constituents regarding or relevant
to any of the goals and objectives of the Authority through means
normally used by the Member to correspond or communicate with
constituents.
B. Attend meetings of, and appear before, federal, state or local entities,
boards, or commissions, and testify on matters relevant to any of the
goals and objectives of the Authority.
C. Participate in discussions with federal, state or local officials to
communicate the position of the Authority and its Members with respect
to any of the goals and objectives of the Authority or any position
statement adopted by the Authority.
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4.5 Specific Restrictions
In no event shall the Authority or any of its officers, directors or employees,
while acting in the course and scope of their duties for, or on behalf of, the
Authority, make or authorize any expenditure of public funds to advocate the
passage or defeat of a ballot measure. The intent of this Section is to ensure
the expenditures and activities of the Authority are consistent with, and
authorized by, the holding in Stanson v. Mott (1976) 17 Cal.3d 206.
V.
ORGANIZATION
5.1 Members
The Members of the Authority shall be any City in the County of Orange which
has received an invitation to join the Authority and subsequently executes this
Agreement pursuant to authority granted in a resolution or action taken by the
legislative body of the City.
5.2 Ex- Officio Members
The Board, upon the approval of the two thirds (2/3) of the Members, may
appoint Ex- Officio Members as representatives of a spectrum of other public
and private entities supportive of the goals and objectives of the Authority
including, but not limited to, the following:
A Any other federal department or agency with jurisdiction over the closure
and re -use of military facilities or installations.
B. Southern California Association of Governments and its Aviation and
Airport Committee.
C. California Military Base Reuse Task Force, Office of Planning and
Research or other State agency, department or committee authorized by
Government Code Section 65040.1, 65070, 65088 or otherwise to assist
in the re -use of closed military facilities in California.
D. Orange County Transportation Authority and other Transportation
Agencies.
E. Regional Planning Organizations.
F. California Community Colleges and Universities and other education
institutions.
G. School Districts.
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H. Aircraft Owners and Pilots Association and other aviation - related
organizations.
I. Building Industry Association or similar organizations or trade groups
representing segments of the Orange County economy.
J. Major Landowners.
K. Orange County Taxpayers Association
L. Other organizations which support, in whole or in part, the goals and
objectives of the Authority
5.3 Board
A Composition.
1. The Board shall consist of the following:
(i) One representative of each Member; and
(ii) One representative of each Ex- Officio Member.
2. All representatives of Members on the Board shall be current
members of the governing body of such Member, appointed by
official action of the governing body.
3. Each Member shall appoint an alternate that may or may not be a
member of the governing body of such Member.
4. An Ex- Officio Member may designate its representative and
alternate representatives in any manner, subject to approval by
the Board after receipt of written notice of designation.
B. Compensation and Expense Reimbursement.
1. All representatives of Members and Ex- Officio Members on the
Board shall serve without compensation, but shall be reimbursed
for reasonable and necessary expenses actually incurred by such
representatives in the conduct of the business of the Authority,
contingent on the available budgeted funds.
C. Voting /Required Vote.
1. General
(i) All actions of the Board shall be by vote of the
representatives of a majority of the Members present and
voting, except as otherwise provided in this Agreement.
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3.
4.
Amendment
(i) General:
Any amendment to this Agreement shall require the
approval of not less than three - fourths (3/4) of all Members,
except as otherwise provided herein.
(ii) Conformance to Changed Law:
Any amendment to this Agreement necessary to conform to
changed requirements of State or Federal law shall require
the approval of a majority of all Members.
(iii) Annual distribution to Members and Operating Funds:
Any amendment to this Agreement that would alter
provisions relating to the contribution or payment of
operating expenses, the financial obligations of Members,
or distribution of funds on termination shall require the
approval of all Members.
(iv) Expulsion:
A Member may be expelled from the Authority upon
approval of not less than three - fourths (3/4) of the
Members.
(v) Annual Budget:
Adoption of an Annual Budget, if required by this
Agreement, shall require the approval of all of the
Members.
Proxy and Absentee Votes
Representatives of Members may not cast proxy or absentee
votes.
Abstentions
Representatives of Members shall vote on all matters presented
to the Board for action unless an abstention is approved by
unanimous vote of all other representatives of Members then
present and voting, or is approved by an opinion of legal counsel
that a Member or its representative has a prohibited conflict of
interest, incompatibility of office or other legal basis for voting
disqualification.
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D. Political Reform Act.
The representatives of Members and Ex- Officio Members on the Board,
shall be considered "public officials" within the meaning of the Political
Reform Act of 1974, as amended, and Fair Political Practices
Commission ( "FPPC ") regulations, subject to a contrary opinion or
written advice of the FPPC.
E. Levine Act.
The representatives of Members and Ex- Officio Members on the Board,
are 'officials" within the meaning of Government Code Section 84308 et
seq., commonly known as the "Levine Act," and subject to the restrictions
of such act on the acceptance, solicitation or direction of contributions.
F. Principal Office.
The principal office of the Authority shall be established within the County
by the Board and may be changed from time to time in the same manner
as originally established.
G. Meetings.
1. Time and Place
The Board shall meet at the principal office of the Authority, or at
such other place designated by the Board if notice is provided in
accordance with the Ralph M. Brown Act, contained in Government
Code Section 54950 et. seq.. The time and place of regular
meetings of the Board shall be designated by Resolution adopted
by the Board, a copy of which shall be furnished to each Member.
2. Call and Conduct:
All regular, adjourned and special meetings of the Board shall be
called and conducted in accordance with the provisions of the
Ralph M. Brown Act, and all other applicable legislation regulating
the conduct of meetings of the legislative body of a local public
agency.
H. Quorum:
Representatives of a majority of the Members shall constitute the
quorum of the Board required to conduct the business of the Authority.
1. Rules:
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The Board may adopt rules and regulations for the conduct of the Board
and the affairs of the Authority consistent with this Agreement and all
other applicable laws.
J. Minutes:
The Secretary of the Authority shall cause minutes of all regular,
adjourned regular and special meetings of the Board to be drafted and
mailed to each Member and Ex- Officio Member five days prior to the next
regularly scheduled meeting. Upon approval by the Board at a regularly
called meeting thereafter, the minutes shall become a part of the official
public records of the Authority.
5.4 Officers
A Chair and Vice - Chair:
The Board shall select a Chair and Vice -Chair from the representatives
of Members.
B. Secretary:
The Board shall appoint a Secretary from the representatives of
Members, agents, officers, or employees of a Member.
C. Treasurer and Auditor:
The Board shall appoint an agent, officer or employee of the Authority or
an officer or employee of a Member to hold the offices of Treasurer and
Auditor for the Authority. These offices may be held by separate agents,
officers or employees or may be combined and held by one such agent,
officer or employee, as provided by the Board. The person(s)
designated by the Board shall possess the powers and duties of
Treasurer and Auditor, and shall perform all appropriate functions for the
Authority, including those required or authorized by Government Code
Sections 6505, 6505.5, and 6505.6.
D. Executive Director:
The Board shall appoint an Executive Director. The appointment shall
require the approval of a majority of the Members. The Executive Director
may be an agent, officer or employee of a Member, and shall have full
authority and responsibility to implement the purposes, goals and
objectives of the Authority, subject only to the general authority of the
Board.
E. Terms:
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The Chair, Vice - Chair, Secretary, Treasurer and Auditor shall hold all
offices for a period of one fiscal year, concurrent with the Authority's fiscal
year, and thereafter until their successor is selected and qualified. The
appointment of such persons by the Board shall be evidence that the
position of an agent, officer, or employee of the Authority is compatible
with those of an agent, officer, or employee of any Member.
F. Additional Officers:
The Board may appoint any additional officers, such as general counsel,
as deemed necessary or desirable. Such additional officers also may
be officers or employees of a Member, Ex- Officio Member or the
Authority. Any officer appointed shall serve at the pleasure of the Board.
5.5 Bonding Requirements
The officers or persons designated to have charge of, handle, or have access
to any funds or property of the Authority shall be designated and empowered by
the Board. The Board may require the officer(s) to file a bond with the Authority
in an amount established by the Board.
5.6 Status of Officers and Employees
All of the privileges and immunities from liability, exemption from laws,
ordinances and rules, all pension, relief, disability, workers' compensation, and
other benefits which apply to the activity of agents, officers or employees of the
Authority when performing their respective functions within the territorial limits
of a Member shall apply to them to the same degree and extent while engaged
in the performance of any of their functions and duties under the provisions of
this Agreement and Chapter 5 of Title 1 of Division 7 of the Government Code,
commencing with Section 6500.
VI
FISCAL MATTERS
6.1 Annual Budget
The fiscal year for the Authority shall be from July 1 through June 30. The Board
shall establish an account for funds contributed by public entities (Public Entity
Fund) and a separate account for funds contributed by private persons and
entities (Private Contributors Fund) The Board shall adopt a budget for Public
Entity Fund or the Private Contributors Fund before or during any fiscal year if
and when revenues during that fiscal year are projected to exceed five
thousand dollars ($5,000).
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6.2 Accounts
All funds will be placed in object accounts and receipt, transfer, or
disbursement of such funds shall be accounted for in accordance with the
generally accepted accounting principles applicable to governmental entities,
with strict accountability of all funds. All revenues, expenditures and status of
bank accounts and investments shall be reported to the Board on a monthly
basis, pursuant to procedures established by the Board. Contributions from
Members or other public entities shall be maintained in a separate account
and a report on expenditures from that account, if any, shall be given to the
Board each meeting.
6.3 Expenditures
All expenditures within the limitations of the approved annual budget shall be
made upon approval of the Executive Director in accordance with the rules,
policies and procedures adopted by the Board. No expenditures in excess of
those budgeted shall be made without the approval of an amended annual
budget by not less than two- thirds (213) of the Members.
6.4 Operating Funds
The Executive Director shall report to the Board, on or before May 15th of each
fiscal year, on the funding commitments made to the Authority by. Members and
other private or public agencies. Members shall notify the Executive Director,
prior to May 1st of each year, of the funds, if any, to be contributed to the
Authority during the upcoming fiscal year.
6.5 Member Contributions
In no event shall any Member be required to fund any Authority activity, or make
any funding commitment to the Authority, during the term of this Agreement.
Members may, but shall not be requested or required to, make contributions or
advances of funds to the Authority for the purposes and objectives specified in
this Agreement. Members may, but are not required, to provide the Authority
with personnel, equipment or property in lieu of or in addition to, any
contribution or funds. Members may retain experts or consultants to provide
information or reports to the Authority. Ex- Officio Members also may contribute
funds or in -lieu goods and services to the Authority for any operating or capital
fund purposes.
6.6 Liabilities
The debts, liabilities and obligations of the Authority shall be the debts,
liabilities and obligations of the Authority alone, and not those of the Members
or Ex- Officio Members, unless expressly provided to the contrary in this
Agreement. However, a Member or Members may separately contract for, or
assume responsibility for specific debts, liabilities or obligations of the
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Authority, as authorized by Government Code Section 6508.1. A Member shall
defend and indemnify the Authority and all other Members with respect to any
claim, lawsuit or cause of action that arises from or is in any way related to the
debt, liability or obligation assumed or contracted for by that Member in the
performance of this Agreement as specified above..
6.7 Indemnification
The liability of any Member(s) not directly responsible for any act or omission
resulting from a finding of liability for injuries to persons or property by a court of
competent jurisdiction shall be limited to one hundred dollars ($100.00) for
each claim. The Member(s) directly responsible for the act or omission shall
defend, indemnify and hold the Authority and all other Member(s) and their
respective agents, officers and employees, harmless from any and all liability
arising out of the act or omission. In no event, however, shall the
indemnification of an agent, officer, employee or former employee of the
Authority or Member(s) exceed that provided in Government Code Section 825,
et. seq..
VII
WITHDRAWAL/TERMINATION
7.1. Withdrawal
Any Member may withdraw from the Authority at any time, for any reason, by
giving written notice to the Board of its intention to do so at least one hundred
and twenty (120) days prior to any regular meeting of the Board and said
withdrawal shall be deemed effective on the dates of each meeting of the
Board. A Member's withdrawal shall result in the forfeiture of all rights and
claims of that Member to any repayment of contributions or advances or other
distribution of funds or property after withdrawal, including distribution in the
event of termination of the Authority.
7.2. Termination of Authority
A. Causes
The Authority shall terminate, and its assets, if any, distributed in
accordance with the provisions of this Agreement, upon the majority vote
of the Members.
B. Distribution of Funds and Property
In the event of termination of the Authority, any remaining funds, property
or other assets of the Authority, following discharge of all debts, liabilities
and obligations of the Authority, shall be distributed to the Members in
proportion to that Member's contributions, if any, to the operating
expense of the Authority during the preceding fiscal year.
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VIII
MISCELLANEOUS
8.1 Notice
Any notice required by this Agreement shall be deemed given seventy -two
hours after deposited in any United States Post Office, registered or certified,
postage prepaid, addressed to the Member(s) and Ex- Officio Member(s).
Notice shall be deemed given to any Member when personally delivered to the
Board Member or Alternate designated by that Member.
8.2 Successors
This Agreement shall be binding upon and inure to the benefit of any
successor of a Member or Ex- Officio Member, subject to the provisions of
Section 6.5 of this Agreement.
8.3 Assignment and Delegation
The Members and Ex- Officio Members shall not assign any rights or delegate
any duties under this Agreement without the unanimous written consent of all
other Members.
8.4 Code Section References
All various code section references are to the various codes of the State of
California, unless stated otherwise.
8.5 Counterparts
This Agreement may be executed in one (1) or more counterparts, all of which
together shall constitute a single agreement, and each of which shall be an
original for all purposes.
8.6 Execution
The legislative bodies of the Members each have authorized execution of this
Agreement, as evidenced by the respective signatures attested below.
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APPROVED AS TO FORM:
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CityAttorney
ATTEST:
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CityClerk
F:1 Cat\ Shared \ElToro\Ag10CRAAJPA1012199C1ean. doc
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CITY OF
AMunicipal corporation
Mayor
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